Not-for-profit Sector Freedom to Advocate Act 2013 (Cth)

Not‑for‑profit Sector Freedom to Advocate Act 2013

No. 56, 2013

An Act to prohibit Commonwealth agreements from restricting or preventing not‑for‑profit entities from commenting on, advocating support for or opposing changes to Commonwealth law, policy or practice, and for related purposes

Contents 1 Short title 2 Commencement 3 Definitions 4 Agency not to include prohibited content in Commonwealth agreement 5 Prohibited content 6 Compensation for acquisition of property 7 Application

Not-for-profit Sector Freedom to Advocate Act 2013 No. 56, 2013

An Act to prohibit Commonwealth agreements from restricting or preventing not‑for‑profit entities from commenting on, advocating support for or opposing changes to Commonwealth law, policy or practice, and for related purposes

[Assented to 13 June 2013]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Not‑for‑profit Sector Freedom to Advocate Act 2013.

2 Commencement This Act commences on the day after this Act receives the Royal Assent.

3 Definitions In this Act: agency means an entity mentioned in paragraph (a), (b), (c), (d), (e), (f) or (h) of the definition of agency in subsection 6(1) of the Privacy Act 1988. Commonwealth agreement means a legally binding agreement between an agency (on behalf of the Commonwealth) and a not‑for‑profit entity. confidential information means information, the disclosure of which: (a) would found an action for breach of confidence; or (b) would disclose: (i) trade secrets; or (ii) any other information having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or (c) would be a disclosure of information likely to prejudice national security (within the meaning of subsection 17(1) of the National Security Information (Criminal and Civil Proceedings) Act 2004). not‑for‑profit entity means: (a) an entity that is entitled to be registered under the Australian Charities and Not‑for‑profits Commission Act 2012; or (b) a non‑profit body (within the meaning of the Electronic Transactions Act 1999). prohibited content has the meaning given by section 5.